HomeMy WebLinkAbout640135.tiffTHE AMERICA INSTITUTE OF ARCHITECTS
A311
LABOR AND MATERIAL PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and addressor legal title of Contractor)
MANION-CROPPER CONSTRUCTION CO.
Pa 0. BOX 718
EATON, COLORADO
as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety)
NEW AMSTERDAM CASUALTY COMPANY
227 ST. PAUL STREET
BALTIMORE, MARYLAND
as Surety, hereinafter called Surety, are held and firmly bound unto
COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(Name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of ONE HUNDRED FIFTEEN THOUSAND SEVEN Dollars ($ 115,738.00),
HUNDWbuThIwrr:Etaerer tEAWcontractPrice)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc-
cessors and assigns, jointly and severally, firmly by these presents.
WHEREAS, MANION-CROPPER CONSTRUCTION CO.
Principal has by written agreement dated OCT. 2 19 64, entered into a contract with Owner for
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OFFICES REMODELING ff Q /THE WELD COUNTY COURT HOUSE AND WELD COUNTY
SERVICES BUILDING.�j \
in accordance with drawings Ian specifications prepared by (Here insert full name, title and address)
CLAUDE NASH, ARCHITECT
1869 SO. PEARL
DENVER, COLORADO
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
PERFORMANCE/LABOR-MATERIAL BOND FOUR PAGES
AIA DOC. A311 SEPT. 1963 ED.
640135
NOW, THEREFORE, THE C_.,DITION OF THIS OBLIGATION is such that, if Principal shall promptly
make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required
for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full
force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct con-
tract with the Principal or with a subcontractor of the
Principal for labor, material, or both, used or reason-
ably required for use in the performance of the contract,
labor and material being construed to include that part
of water, gas, power, light, heat, oil, gasoline, telephone
service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's
work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for
the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses
of any such suit.
3. No suit or action shall be commenced hereunder
by any claimant:
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written
notice to any two of the following: The Principal, the
Owner, or the Surety above named, within ninety (90)
days after such claimant did or performed the last of
the work or labor, or furnished the last of the materials
for which said claim is made, stating with substantial
Signed and sealed this
IN THE PRESENCE OF:
IND
NEW AMSTERDAM CASUALTY COMPANY
accuracy the amount claimed and the name of the party
to whom the materials were furnished, or for whom
the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail
or certified mail, postage prepaid, in an envelope ad-
dressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the trans-
action of business, or served in any manner in which
legal process may be served in the state in which the
aforesaid project is located, save that such service need
not be made by a public officer.
b) After the expiration of one (1) year following the
date on which Principal ceased work on said Contract,
it being understood, however, that if any limitation em-
bodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed
to be amended so as to be equal to the minimum period
of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction
in and for the county or other political subdivision of
the state in which the project, or any part thereof, is
situated, or in the United States District Court for the
district in which the project, or any part thereof, is
situated, and not elsewhere.
4. The amount of this bond shall be reduced by and
to the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount
of such lien be presented under and against this bond.
day of OCTOOER
A.D. 19 64
MANION-CROPPER CONSTRUCTION CO.
(Principal)
(Seal)
(Surety) (Seal)
irle) ATTORNEY -I4 -PACT
PERFORMANCE/LABOR-MATERIAL BOND FOUR PAGES
AIA DOC. A311
SEPT. 1988 ED. PAGE 4
Ed. 5-63 POWER OF ATTORNEY
net Amsterdam Casualty Cot►„„any
1Snobi Ott Olen bp tiCtjt c 3reantfs:
4-502-1
That the NEW AMSTERDAM CASUALTY COMPANY, a corporation of the State of New York, by
CARL W. SCHMIDT , its Vice -President, and J. O. HONEYWELL
its Assistant Secretary, in pursuance of authority granted by a resolution duly passed by the Board of Directors of said
Company at a meeting of that body, at which a quorum was present, held on the 27th day of July, 1961, at its office in
the City of New York, State of New York, which resolution reads as follows:
"RESOLVED. that effective July 27, 1961, bonds, undertakings, recognizances, contracts of indemnity and other writings obligatory
in the nature thereof, shall be executed by the Chairman of the Board or the President or any Vice -President, and duly attested by the
Secretary or any Assistant Secretary, or shall be signed in the Company's behalf by an attorney -in -fact appointed by a power of attorney
executed and attested as above provided, any of said officers or such attorneys -in -fact being authorized to affix the Company's seal to any
such instrument; and the Secretary or any Assistant Secretary is hereby authorized and empowered to certify under the company's seal to a
copy of any resolution, by-law, written instrument, power of attorney, list of officers, or financial statement of the Company that may be
appropriate or required: and
"RESOLVED FORT! IER, that any signature of any of said officers to any of the written instruments above referred to, including
powers of attorney and certifications, may be by printed facsimile, but the. signature of any attorney -in -fact acting under any such power
shall be manually signed."
does hereby nominate, constitute and appoint B. D. Peterson, Barney Flood and/or
J. C. Cockriel of Greeley, Colorado — — -
its true and lawful agent S and attorney 9 -in-fact, to make, execute, seal and deliver for and on its behalf, as
surety, and as its act and deed any and all bonds or undertakings of suretyship.
And when such bonds or undertakings shall have been duly executed pursuant hereto and the corporate seal affixed,
they shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly
executed and acknowledged by the duly elected officers of the Company in their own proper persons. The said Com-
pany hereby reserves unto itself, however, the absolute right to revoke this Power of Attorney at any time it may desire
so to do.
The said Assistant Secretary does hereby certify that the foregoing copy of resolution is a true copy of the resolution passed by the Board
of Directors of said Company at its meeting held on the 27th day of July, 1961,as aforesaid, and that said resolution is still in force.
IN WITNESS WHEREOF, the said Vice -President and the said Assistant Secretary have hereunto subscribed
their names and affixed the corporate seal of the said NEW AMSTERDAM CASUALTY COMPANY, this
Attest:
22 day of November A. D. 19 63.
NEW AMSTERDAM CASUALTY COMPANY
Assistant Secretary.
STATE OF MARYLAND
CITY OF BALTIMORE }
On this 22 day of November A. D. 196 3 , before the subscriber, a Notary
Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above named Vice President and
Assistant Secretary, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and
they acknowledged the execution of the same, and being by me duly sworn, they did depose and say that they know the corporate seal of said
Company, that the seal affixed to the preceding instrument is the corporate seal, and that the preceding instrument was executed by them and
the corporate seal affixed by the authority of the Board of Directors of said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, at the City of Baltimore. the day and year
first above written.
Vice -President
ss
My commission expires May 3. 1965.
CERTIFICATE
Notary Public
I, J. O. HONEYWELL , Assistant Secretary of the NEW AMSTERDAM CASUALTY COMPANY,
do hereby certify that the foregoing Power -of -Attorney is a true and correct copy of Power -of -Attorney issued to the
above named agent and attorney -in-fact and that said Power -of -Attorney is still in force.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said
Company this 2ND day of OCTOBER , A. D. 19 6.
Assistant Secretary
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